BILL NUMBER: AB 476	CHAPTERED  09/29/99

	CHAPTER   570
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 28, 1999
	PASSED THE ASSEMBLY   AUGUST 31, 1999
	PASSED THE SENATE   AUGUST 26, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 6, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999

INTRODUCED BY   Assembly Members Ackerman and Baugh

                        FEBRUARY 18, 1999

   An act to amend Sections 1166, 1305, 1305.4, and 1308 of the Penal
Code, relating to bail.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 476, Ackerman.  Bail:  procedure.
   (1) Existing law requires that if a verdict is rendered against a
defendant who is out on bail, he or she may be remanded to the proper
officer to await the judgment of the court.
   This bill would require that if a verdict is rendered against a
defendant who is free on bail, the defendant be remanded to the
proper officer to await the judgment of the court unless the court,
upon consideration of specified criteria, concludes that the evidence
supports the court's decision to allow the defendant to remain out
on bail.  By increasing the duties of local officials, this bill
would impose a state-mandated local program.
   (2) Under existing law, the court is authorized to grant a motion
to vacate a forfeiture of bail only if the motion is made within a
180-day period and is heard within 30 days of the expiration of that
180-day period.  Existing law also authorizes a surety or depositor
of bail to file a motion, based upon good cause, to extend the
180-day period of time, not exceeding 180 days from its order.
   This bill would provide instead, that a motion to vacate a
forfeiture of bail that is filed within the 180-day period, may be
heard within 30 days of the expiration of that 180-day period.  The
court would be authorized to extend the 30-day period upon a showing
of good cause and to require that the moving party provide 10 days
prior notice to the applicable prosecuting agency as a condition to
granting the motion.
   (3) Existing law bars a court or magistrate from accepting any
person or corporation as a surety on bail if any summary judgment
against that person or corporation remains unpaid after the
expiration of 20 days following service of notice of the entry of the
summary judgment, unless an action or proceeding is initiated to
determine the validity of the order of forfeiture or summary
judgment.
   This bill would increase the time period in the provision
summarized above to 30 days.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1166 of the Penal Code is amended to read:
   1166.  If a general verdict is rendered against the defendant, or
a special verdict is given, he or she must be remanded, if in
custody, or if on bail he or she shall be committed to the proper
officer of the county to await the judgment of the court upon the
verdict, unless, upon considering the protection of the public, the
seriousness of the offense charged and proven, the previous criminal
record of the defendant, the probability of the defendant failing to
appear for the judgment of the court upon the verdict, and public
safety, the court concludes the evidence supports its decision to
allow the defendant to remain out on bail.  When committed, his or
her bail is exonerated, or if money is deposited instead of bail it
must be refunded to the defendant or to the person or persons found
by the court to have deposited said money on behalf of said
defendant.
  SEC. 2.  Section 1305 of the Penal Code is amended to read:
   1305.  (a) A court shall in open court declare forfeited the
undertaking of bail or the money or property deposited as bail if,
without sufficient excuse, a defendant fails to appear for any of the
following:
   (1) Arraignment.
   (2) Trial.
   (3) Judgment.
   (4) Any other occasion prior to the pronouncement of judgment if
the defendant's presence in court is lawfully required.
   (5) To surrender himself or herself in execution of the judgment
after appeal.
   However, the court shall not have jurisdiction to declare a
forfeiture and the bail shall be released of all obligations under
the bond if the case is dismissed or if no complaint is filed within
15 days from the date of arraignment.
   (b) If the amount of the bond or money or property deposited
exceeds four hundred dollars ($400), the clerk of the court shall,
within 30 days of the forfeiture, mail notice of the forfeiture to
the surety or the depositor of money posted instead of bail.  At the
same time, the court shall mail a copy of the forfeiture notice to
the bail agent whose name appears on the bond.  The clerk shall also
execute a certificate of mailing of the forfeiture notice and shall
place the certificate in the court's file.  If the notice of
forfeiture is required to be mailed pursuant to this section, the
180-day period provided for in this section shall be extended by a
period of five days to allow for the mailing.
   If the surety is an authorized corporate surety, and if the bond
plainly displays the mailing address of the corporate surety and the
bail agent, then notice of the forfeiture shall be mailed to the
surety at that address and to the bail agent, and mailing alone to
the surety or the bail agent shall not constitute compliance with
this section.
   The surety or depositor shall be released of all obligations under
the bond if any of the following conditions apply:
   (1) The clerk fails to mail the notice of forfeiture in accordance
with this section within 30 days after the entry of the forfeiture.

   (2) The clerk fails to mail the notice of forfeiture to the surety
at the address printed on the bond.
   (3) The clerk fails to mail a copy of the notice of forfeiture to
the bail agent at the address shown on the bond.
   (c) (1) If the defendant appears either voluntarily or in custody
after surrender or arrest in court within 180 days of the date of
forfeiture or within 180 days of the date of mailing of the notice if
the notice is required under subdivision (b), the court shall, on
its own motion at the time the defendant first appears in court on
the case in which the forfeiture was entered, direct the order of
forfeiture to be vacated and the bond exonerated.  If the court fails
to so act on its own motion, then the surety's or depositor's
obligations under the bond shall be immediately vacated and the bond
exonerated.  An order vacating the forfeiture and exonerating the
bond may be made on terms that are just and do not exceed the terms
imposed in similar situations with respect to other forms of pretrial
release.
   (2) If, within the county where the case is located, the defendant
is surrendered to custody by the bail or is arrested in the
underlying case within the 180-day period, and is subsequently
released from custody prior to an appearance in court, the court
shall, on its own motion, direct the order of forfeiture to be
vacated and the bond exonerated.  If the court fails to so act on its
own motion, then the surety's or depositor's obligations under the
bond shall be immediately vacated and the bond exonerated.  An order
vacating the forfeiture and exonerating the bond may be made on terms
that are just and do not exceed the terms imposed in similar
situations with respect to other forms of pretrial release.
   (3) If, outside the county where the case is located, the
defendant is surrendered to custody by the bail or is arrested in the
underlying case within the 180-day period, the court shall vacate
the forfeiture and exonerate the bail.
   (4) In lieu of exonerating the bond, the court may order the bail
reinstated and the defendant released on the same bond if both of the
following conditions are met:
   (A) The bail is given prior notice of the reinstatement.
   (B) The bail has not surrendered the defendant.
   (d) In the case of a permanent disability, the court shall direct
the order of forfeiture to be vacated and the bail or money or
property deposited as bail exonerated if, within 180 days of the date
of forfeiture or within 180 days of the date of mailing of the
notice if notice is required under subdivision (b), it is made
apparent to the satisfaction of the court that both of the following
conditions are met:
   (1) The defendant is deceased or otherwise permanently unable to
appear in the court due to illness, insanity, or detention by
military or civil authorities.
   (2) The absence of the defendant is without the connivance of the
bail.
   (e) In the case of a temporary disability, the court shall order
the tolling of the 180-day period provided in this section during the
period of temporary disability, provided that it appears to the
satisfaction of the court that the following conditions are met:
   (1) The defendant is temporarily disabled by reason of illness,
insanity, or detention by military or civil authorities.
   (2) Based upon the temporary disability, the defendant is unable
to appear in court during the remainder of the 180-day period.
   (3) The absence of the defendant is without the connivance of the
bail.
   The period of the tolling shall be extended for a reasonable
period of time, at the discretion of the court, after the cessation
of the disability to allow for the return of the defendant to the
jurisdiction of the court.
   (f) In all cases where a defendant is in custody beyond the
jurisdiction of the court that ordered the bail forfeited, and the
prosecuting agency elects not to seek extradition after being
informed of the location of the defendant, the court shall vacate the
forfeiture and exonerate the bond on terms that are just and do not
exceed the terms imposed in similar situations with respect to other
forms of pretrial release.
   (g) In all cases of forfeiture where a defendant is not in custody
and is beyond the jurisdiction of the state, is temporarily
detained, by the bail agent, in the presence of a local law
enforcement officer of the jurisdiction in which the defendant is
located, and is positively identified by that law enforcement officer
as the wanted defendant in an affidavit signed under penalty of
perjury, and the prosecuting agency elects not to seek extradition
after being informed of the location of the defendant, the court
shall vacate the forfeiture and exonerate the bond on terms that are
just and do not exceed the terms imposed in similar situations with
respect to other forms of pretrial release.
   (h) As used in this section, "arrest" includes a hold placed on
the defendant in the underlying case while he or she is in custody on
other charges.
   (i) A motion filed in a timely manner within the 180-day period
may be heard within 30 days of the expiration of the 180-day period.
The court may extend the 30-day period upon a showing of good cause.
  The motion may be made by the surety insurer, the bail agent, the
surety, or the depositor of money or property, any of whom may appear
in person or through an attorney.  The court, in its discretion, may
require that the moving party provide 10 days prior notice to the
applicable prosecuting agency, as a condition precedent to granting
the motion.
  SEC. 3.  Section 1305.4 of the Penal Code is amended to read:
   1305.4.  Notwithstanding Section 1305, the surety insurer, the
bail agent, the surety, or the depositor may file a motion, based
upon good cause, for an order extending the 180-day period provided
in that section.  The motion shall include a declaration or affidavit
that states the reasons showing good cause to extend that period.
The court, upon a hearing and a showing of good cause, may order the
period extended to a time not exceeding 180 days from its order.  A
motion may be filed and calendared as provided in subdivision (i) of
Section 1305.
  SEC. 4.  Section 1308 of the Penal Code is amended to read:
   1308.  (a) No court or magistrate shall accept any person or
corporation as surety on bail if any summary judgment against that
person or corporation entered pursuant to Section 1306 remains unpaid
after the expiration of 30 days after service of the notice of the
entry of the summary judgment, provided that, if during the 30 days
an action or proceeding available at law is initiated to determine
the validity of the order of forfeiture or summary judgment rendered
on it, this section shall be rendered inoperative until that action
or proceeding has finally been determined, provided that, if an
appeal is taken, an appeal bond is posted in compliance with Section
917.1 of the Code of Civil Procedure.
   (b) The clerk of the court in which the judgment is rendered shall
serve notice of the entry of judgment upon the judgment debtor
within five days after the date of the entry of the summary judgment.

  SEC. 5.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
